New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1887-01-17
4 DOUBT THAT Is DANGEROUS

The Interstate Commerce bill should not be
passed by the House, unless the House knows
what it means If the House knows what it
means, that body ought to amend the bill so
that it may no longer be maintained that the
measure does and that it does not compel
trunk lines to raise through rates or else to
lower local rates. Senator Culom, who led the
supporters of the bill in the Senate, endcav-
Ored to present his understanding OF the meas =
ure in a speech last week. But the Senator
only succeeded in admitting that he did not
quite know what the legal meaning of the
measure was he could not "say positively
what construction would be put upon the lam
guage by the courts" IF there is language so
vague and so susceptible OF double meaning
that even Senator Culom is not prepared to
say how the courts will construe 1t, the passage
of such bill would be great mistake.
Yet it would be unjust to the Senator to sup
pose that he used evasive language in order to
prevent defeat of the measure BY a disclosure
OF its meaning. The uncertainty seems to be
in the bill Itself, as it has been amended by the
Senate and In conference. The long and short
haul clause, standing alone. would undoubtedly
mean what Senator Wilson, of Iowa. supposed,
death to the practice of charging less for
through than for local transportation. But the
Senate he'd also inserted in the bill the words
under like circumstances and conditions"
and Senator CullOm proceeded TO explain that
competition with other railroads and water
eOutes would be a circumstance or condition
that might justify difference between through
and local charges, or that the volume or char
acter of business at different points, the differ
ence in terminal expenses and the cost of SER
vice in each case" would make a difference
lawful. IL these circumstances and conditions
do in fact modify the long and short haul clause
wherever they exist, it is plain enough that the
provision will seem to Western railroad haers
an empty and meaningess juggle which "keeps
the word of promise to the ear but breaks 1t to
the hope"
So Senator George held, who declared that
If the bill were to be so construed he would
vote against it. But he did not believe that the
true and legal interpretation or that the courts
would adopt that construction. He therefore
voted for the bill, believing that the words
under like circumstances and conditions
were meaningless and empty, and that the long
and short haul provision would not be stripped
OF It's force by them. Senator COlum, Judging
from his remarks. voted for the bill IN the be-
lief that these words were not empty and i'm
potent, but that they did and would in the
Judgment of the courts. deprive the long and
short haul clause of all mlschevous force
Other Senators certainly supported the measure
in that belief. II that is the true interpreta-
t1On, then Senator George and his friends are
deluded, and the bill Is for them worse than
worthless. For it will crowd the courts with
litigation, and seriously affect the value of prop
critics. and throw not a few roads into bank
ruptcy, and prevent other legislation for some
years until it can be determined by @ final ad-
Judlcatlon what the measure means, and mean
While the public sentiment which now supports
the enactment of some bill of that kind may
pass away.
1t would be most unjust to those who favor
this restrictive legislation, most unjust to those
who oppose 1t, and most unjust 10 the people,
who do not want their gravest interests trified
WITH if this measure should be passed without
some honest understanding of ITS meaning and
force For good or evil, it is a bill of great i'm
portance No man has right to vote for 1t il
he thinks 1t fairly open 10 4 construction which
be believes would render it pernicious to the
public welfare. lie who admits that the
courts may or may n OF hold the long and short
haul provision nulli6ed. and defeated in its
obvious intent, by the words under like cir
cumstances and conditions" certainly gives
sufficient reason for voting against the bill un-
I'll 1t has been 80 modified as to mean one thing
or the other.